A sentencing judge is not bound by the label ascribed to an offender's role by counsel and may characterise the role independently, subject to procedural fairness. The advanced age of an offender does not give rise to an expectation of relative impunity, and a sentence must reflect the objective seriousness of the offence even if it extends for most of the offender's life expectancy. The description of a sentence as 'crushing' does not articulate an applicable test.
The full text is available to signed-in members, including the 8 later cases that cite this judgment.
1 of the 8 citing cases carry a classified treatment. How each court treated it is available to signed-in members.